Rule 511 — Privileged matter disclosed under compulsion or without opportunity to claim privilege

Section V · Privileges

Rule 511. Privileged matter disclosed under compulsion or without opportunity to claim privilege

2024 Manual for Courts-Martial, United States

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(a) General Rule. Evidence of a statement or other disclosure of privileged matter is not admissible against the holder of the privilege if disclosure was compelled erroneously or was made without an opportunity for the holder of the privilege to claim the privilege.

(b) Use of Communications Media. The telephonic transmission of information otherwise privileged under these rules does not affect its privileged character. Use of electronic means of communication other than the telephone for transmission of information otherwise privileged under these rules does not affect the privileged character of such information if use of such means of communication is necessary and in furtherance of the communication.